CSR LIMITED TRADING AS THE
READYMIX GROUP - COOMA ROAD TRANSPORT ENTERPRISE BARGAINING FRAMEWORK (STATE)
AWARD 1995
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the Industrial
Relations Act 1996.
(No. IRC 5615 of 2003)
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Before The Honourable
Mr Deputy President Harrison
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3 March 2004
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REVIEWED
AWARD
1. Title of Award
This award shall be known as the CSR Ltd T/A The Readymix Group
- Cooma Road Transport Enterprise Bargaining Framework (State) Award 1995.
2. Arrangement
Clause No. Subject Matter
1. Title of
Award
2. Arrangement
3. The
Enterprise(s)
4. Parties
to the Award
5. Relationship
to Parent Awards
6. Term of
Award
7. No Extra
Claims
8. Review of
Award
9. Aims and
Objectives of the Award
10. Ongoing
Recognition and Commitment to Building in Quality
11. Awareness
Training
12. Disputes
Procedure
12A. Personal/Carer’s
Leave
12B. Anti-Discrimination
13. Hours of
Work
14. Rostered
Days Off
15. Saturday
Overtime
16. Uniforms
17. Flexible
Duties
18. Meal
Breaks
19. Vehicle
Maintenance
20. Consideration
of Analysed Salaries
21. The
Business Unit
22. Business
Unit Consultative Team
23. Composition
of the Consultative Team
24. Term of
Office
25. Team
Training
26. Team
Meetings
27. Team
Meetings - Team leader
28. Team
Meetings Minute Taker
29. Team
Meetings Agenda
30. Team
Communications
31. Wage
Adjustments
32. No Duress
Annexure A - Summary Of Meeting
Annexure B - Agenda For Meeting
Annexure C - Current Performance/Position of the Business
Unit
Annexure D - Continuous Improvement Plan
3. The Enterprise(s)
This award shall apply at the site operated by CSR Ltd T/A
The Readymix Group - (as set out in Annexure "A") in respect of
employees in the occupation of driving covered by the following award:
(a) Transport
Industry - Quarried Materials (State) Award;
4. Parties to the
Award
This award shall be binding on:
(a) CSR Limited
trading as The Readymix Group at the Country Division site as set out in Part
"A" to this award (hereafter "the company").
(b) The
organisations of employees known as the Transport Workers' Union of Australia,
New South Wales Branch (Canberra and Southern).
5. Relationship to
Parent Awards
This award shall be read and construed in conjunction with
the following awards:
(a) Transport
Industry - Quarried Materials (State) Award
Where there is any inconsistency between the awards in
(a) above and this award, this award shall prevail to the extent of the
inconsistency.
6. Term of Award
This award shall come into operation on and from the first
full pay period to commence on or after 3 March 2004 and shall remain in force
for a term of 12 months.
This award rescinds
and replaces the CSR Limited trading as The Readymix Group - Cooma Road
Transport Enterprise Bargaining Framework (State) Award 1995 published 9
February 1996 (290 I.G. 554).
7. No Extra Claims
Except for general movements in award wages granted by the
Industrial Relations Commission of New South Wales via State Wage Cases, there
shall be no further claims for wage increases during the term of this award.
8. Review of Award
The parties agree to review this award no later than twelve
weeks prior to the end of its term. In the context of this review, the parties
shall examine both the operation of the award and the possibilities of entering
into a further award.
9. Aims and
Objectives of the Award
1. Aims:
The parties to this award are committed to achieving
improvements in productivity, efficiency and flexibility which in turn will
significantly increase the company's competitiveness and offer secure and
worthwhile employment for employees.
The company business needs to improve and grow so that
it becomes internationally competitive.
The company has developed a vision of the type of
business it wants and the elements necessary to transfer that vision to a
reality.
The critical elements are:
(a) A Customer
Service Focus
(b) Safe and Rewarding
Work
(c) Continuous
Improvement
(d) Employee
Participation
(e) A Total
Quality Culture
(f) International
Competitiveness
2. Objectives:
(a) To create a
positive environment to introduce enterprise bargaining into the company's
operations.
(b) To provide
guidance and increase awareness about the enterprise bargaining process.
(c) To improve the
efficiency and productivity of the company by ensuring management and labour
practices are more closely attuned to current and future needs and objectives
of the company.
(d) To develop an
environment of continuous improvement which is conducive to a flexible work
organisation able to respond to changing demands in the market place.
(e) To provide a
climate for employees to develop a broader range of skills thereby maximising
rewards to employees and security of employment.
(f) To benchmark
other organisations that are leaders in the field of increased efficiency and
productivity and where appropriate utilise this information in implementing
change.
10. Ongoing
Recognition and Commitment to Building in Quality
The company has commenced the introduction of Total Quality
Management and is committed to the principles of improving the processes we employ.
To obtain the maximum benefits from the continuous improvement program all
employees are committed to co-operating with the program and implementing
continuous improvement activities as a normal component of their job. All
employees will become familiar with Building in Quality and Building in Safety
concepts and skills through training and involvement in project work.
11. Awareness
Training
All employees covered by this award shall be provided with
general awareness training on enterprise bargaining.
The content and providers of this training shall be mutually
acceptable to the parties to this award.
Wherever practicable awareness training will be conducted in
ordinary time hours.
The company shall pay for the awareness training and
employees shall be paid in accordance with the relevant parent award while
attending such training.
The duration and timing of the training sessions should be
structured so as to minimise their effect on the continuous operation of the
company's activities and customer service.
12. Disputes
Procedure
1. Procedures
relating to grievances of individual employees:
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
2. Procedures
relating to disputes etc between employers and their employees:
(a) A question, dispute
or difficulty must initially be dealt with as close to its source as possible,
with graduated steps for further discussion and resolution at higher levels of
authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
12A. Personal/Carer’s
Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 28, Sick
Leave of the Parent award for absences to provide care and support for such
persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer leave under this
subclause where another person has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employed spouse or de facto spouse of
the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) of this clause who is
ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day periods
or part thereof, in any calendar year a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with employer within 12 months
of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-Up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at shift work rate which would have been
applicable to the hours take off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations."
12B.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
13. Hours of Work and
Starting Times
(a) The ordinary
hours of work shall not exceed 8 hours per day, exclusive of meal breaks, on
any day Monday to Friday between the hours of 5.00 am and 6.00 pm.
(b) Within the
spread of hours in subclause (a) of this clause, starting and finishing times may
be staggered on a daily basis to suit the needs of the business. Starting times
shall rotate between drivers to ensure no driver is disadvantaged.
14. Rostered Days Off
(a) Subject to
subclause (b) of this clause, rostered days off shall be taken on building
industry rostered days off.
(b) Where the
employer requires work to be performed on any building industry rostered day
off, the employer shall roster to work the required number of drivers.
Such postered drivers shall take the rostered day off at
an agreed time or accumulate such rostered day off.
(c) When an
employee has accumulated more than 5 rostered days off, the employer may
required the employee to take such accumulated days by agreement.
15. Overtime
(a) All drivers
shall be available to work Saturday overtime if required by the employer.
(b) Saturday
overtime shall rotate between drivers to ensure no driver is disadvantaged.
(c) Where it is
believed a driver has been disadvantaged, it shall be referred to the
Consultative team for resolution.
16. Uniforms
All drivers are required to wear company issued uniforms at
all times.
17. Flexible Duties
(a) Employees, the
subject of this award, may be required to driver stockpiling/bin trucks and
water carts on a needs basis.
(b) Employees, the
subject of this award, may be required to operate any plant and/or equipment at
sand and hardrock quarries, provided such work is within the skill, competency
and training of the employees concerned.
(c) Where duties
are being performed within subclause (b) of this clause that incur a higher
rate of pay than the employees normal rate of pay, such employee shall be paid
the higher rate whilst so engaged.
(d) Drivers may be
required to work away from home. When working away from home the appropriate
award allowances shall apply.
18. Meal Breaks
(a) All employees,
the subject of this award, shall receive an unpaid meal break of 30 minutes per
day.
(b) The meal break
shall be taken at a time mutually agreed between the employer and the employee
having regard to the staggered starting times and the needs of the business.
(c) Should no
agreement be reached according to subclause (b) above, a meal break shall be
taken no later than 5.5 hours after the commencement of the rostered shift.
(d) In lieu of
clause 18.2 (a) of the Transport Industry - Quarried Materials (State) Award,
an employee who is required to work overtime on any weekday for a period of
more than 2 hours shall be paid the sum of $14.00 as a meal allowance.
19. Vehicle Maintenance
It is a part of an employees duties to ensure that his/her
vehicle is regularly maintained. Such maintenance shall include, but not be
limited to pre-start checks, greasing, washing and cleaning and minor
maintenance. Drivers shall assist with mechanical repairs as directed, provided
such assistance is within their skills, competence and training.
20. Consideration of
Annualised Salaries
During the life of this award, the consultative team shall,
collect data on, and consider the introduction of, annualised salaries.
21. The Business Unit
The business unit is set out in Part "A".
22. Business Unit
Consultative Team
The business unit shall establish a consultative team
(hereafter the "team") to implement this award.
23. Composition of the
Consultative Team
1. The team
should have a maximum of six (6) members and should be representative of the
business unit concerned.
2. The team must
have at least 50% of its members representative of the employees employed in
the business unit concerned.
3. The
procedures for the election/appointment of company and employee team members
should be determined at each business unit.
In the determination of the team members consideration
should be given to the:
(a) size of the
business unit;
(b) geography of
the sites in the business unit;
(c) different job
classifications in the business unit; and
(d) shift
arrangements in the business unit.
The company's employee relations representatives and
the relevant union officials should be kept advised of developments and shall
participate in any discussions as required.
24. Term of Office
1. Members
elected or appointed to a team shall hold office for a period of twelve months.
It is the responsibility of each team member to attend all team meetings and to
represent the views and opinions of those people he or she represents.
2. If a member
of the team ceases employment with the company or can no longer fulfil his or
her responsibilities, a new election or appointment should be made and an induction
briefing should be arranged for the new team member.
25. Team Training
1. Once each
business unit has established its team, the team shall undertake at least a
single day training session which shall concentrate on:
(a) the content
and operation of this award;
(b) the role and
operation of the team; and
(c) basic
negotiating skills.
26. Team Meetings
1. Each team
shall schedule regular meetings. Such meetings should occur at a time that
minimises the disruption to the business units operations but also allows team
members to play a focussed and active role in the meetings.
Notation:
For instance, scheduling meetings after a busy day's
work may be convenient but the team members might be too tired to fully
participate. Whereas scheduling meetings every other Wednesday afternoon could
give everyone an opportunity to prepare and focus on the teams activities and
ensure everyone is fresh and participates fully.
2. Team meetings
shall be attended without loss of pay by team members.
3. The team
should agree on the standard length of team meetings.
Notation:
For instance, two hour meetings should give the team
sufficient time to operate effectively; whereas a four hour meeting might
result in team members losing interest.
4. If the team wants
to extend the standard length of its meetings, the team should agree on the
length of the extension.
Notation:
For instance, imagine you had a standard two hour
meeting which was scheduled to finish at 10.00am but the team was close to
resolving an issue -the team could agree to extend the meeting to 12.30pm to
finish dealing with that issue.
5. An agreed
amount of time should be allowed before and after each team meeting for the
company and employee team members to meet separately.
The time before the team meeting should be used to
prepare for the meeting and the time after the meeting should be used to
debrief and evaluate what occurred in the meeting.
27. Team Meetings -
Team Leader
1. Each team
should elect a team leader. The position of team leader should rotate between a
management and employee team member on an agreed basis.
2. It is the
team leader's responsibility to ensure that the meeting is run in accordance
with the agenda and that each team member is given a reasonable opportunity to
express their views during meetings.
3. It is also
the team leader's responsibility to ensure that the meeting procedure is fair
to all members of the team particularly in relation to the taking of
adjournments, time out, stretch breaks, etc.
28. Team Meetings -
Minutes Taker
1. Each
negotiating team shall elect a member for the purpose of recording minutes of
each team meeting, preparing and distributing agendas.
2. Minutes
should be recorded on a minute sheet as set out in Annexure "A" to this
award.
3. Minutes
should be agreed to by the negotiating team at the conclusion of each meeting
and signed by the minute taker and team leader as a true and correct record of
the meeting.
29. Team Meetings -
Agenda
1. Every team
meeting must be structured around an agenda as set out in Annexure
"B" to this award.
2. All team
members have a right and a responsibility to submit agenda items.
3. The agenda,
minutes from the previous meeting and any relevant background
material/documentation shall be circulated within a reasonable time but not
less than 3 working days prior to team meetings to allow for preparation.
30. Team
Communication
1. Each team
shall establish a procedure for regularly communicating about the team's
activities with the employees and management in the business unit.
2. This
communication procedure should be serviced to suit the size, number and
geography of sites in the business unit concerned.
3. The objective
of the communication procedure is to ensure that everyone in the business unit
has a good understanding of the teams activities, providing them with an
opportunity to participate in the bargaining process through their
representatives on the team.
31. Wage Adjustments
The following wage increases shall apply to employees in the
classifications covered by the following award, Transport Industry Quarried
Materials (State) Award. Upon ratification of this award an eight percent (8%)
wage increase shall be paid. Details of these rates are contained in Part
"A".
32. No Duress
No party has entered into this award under duress.
PART A
This award shall apply at CSR Readymix's Cooma Road
operation located at Cooma Road, Queanbeyan NSW.
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Classification
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* Basic
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* Certificated
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* Advanced
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Transport Worker Grade 2
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$509.40
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$517.80
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$526.10
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Vehicle Class 5
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* All rates include appropriate aggregate mass margins
ANNEXURE A
Summary Of Meeting
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Division:
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Date:
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Team/Project Name:
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Next Meeting Date
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Leader
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To
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am/pm
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Facilitator:
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From
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am/pm
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Team Members:
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Location:
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Apologies;
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Objective Of Meeting
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No:
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Agreed Action
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By
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By
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Whom
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When
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ANNEXURE B
Agenda For Meeting
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Division:
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Date Of Meeting
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Team/Project Name
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Time:
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From
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am//pm
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Leader:
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To
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am/pm
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Facilitator
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Location:
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Team Members:
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Objective Of Meeting
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No.
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Item
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Who
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Time
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Expected Outcome
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1.
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Review This Agenda
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Agreement On Agenda
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2
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Review Minutes Of Last Meeting
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Actions Completed Or Carried
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Forward
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Date, Time & Location Of Next Meeting:
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Meeting Evaluation:
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ANNEXURE C
Current Performance/Position
Of The Business Unit
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CSR Readymix
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Division:
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Business Unit:
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Where We Are Now:
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Current
Performance/Position Of The Business Unit
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Issues:
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Division:
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Business Unit:
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Immediate/Short Term Improvements To Be Implemented
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ANNEXURE D
Continuous
Improvement Plan
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Opportunity for
Improvement
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Data Collection
Required
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Improvement Goal
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Performance
Indicator
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R. W. HARRISON D.P.
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Printed by
the authority of the Industrial Registrar.